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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 94 - Extradition
Subchapter 1 - General Provisions
§ 16-94-103. Waiver of extradition warrant
Universal Citation: AR Code § 16-94-103 (2017)
- (a)
- (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, § 16-94-201 et seq., and all other procedures incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state.
- (2) Before the waiver shall be executed or subscribed to by the person, it shall be the duty of such judge to inform such person of his or her rights to await the issuance and service of a warrant of extradition and to contest extradition following issuance of the warrant of the Governor as provided for in § 16-94-207.
- (3) Following waiver of extradition, the person shall be placed in custody without bail to await delivery to the agent of the demanding state.
- (4) The agent of the demanding state need not be present at the waiver.
- (b)
- (1) If and when the consent has been duly executed, it shall immediately be forwarded to the office of the Governor of this state and filed there.
- (2) The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to the agent or agents a copy of such consent.
- (c) Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
- (d) Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or any other release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a Governor's warrant if all of the following apply:
- (1) Waiver. The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and
- (2) Authenticated Copy. The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
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